Bank accused of cashing man's homeowners insurance checks post-Katrina
NEW ORLEANS – A New Orleans man is suing a local bank after checks allegedly made out to him were cashed without his knowledge.
Carlon Johnson filed suit against Michael Allen and Sun Trust Bank in the Orleans Parish Civil District Court on July 10.
Johnson claims his home located at 1175 Winchester Park in New Orleans suffered severe property damage during Hurricane Katrina and that Citizens, his homeowner's insurer, made two checks out in his name and Argent Mortgage Company in the the amounts of $29,860.47 and $167,754.54 as well as third check made out to Johnson alone for $2,500 that were allegedly cashed at Sun Trust Bank by Allen.
The plaintiff alleges Michael Allen cashed the checks at Sun Trust Bank as well as others in the amounts of $24,054 and $1,500 elsewhere.
Johnson asserts that Sun Trust should be liable for allowing their co-defendant to cash the checks without the plaintiff's endorsement.
Damages of the whole amount cashed by Allen plus judicial interest, all cost of proceedings, attorney's fees and penalties are being sought.
Johnson is represented by David W. Bernberg of New Orleans-based the Law Office of David W. Bernberg.
The case has been assigned to Division M Judge Paulette R. Irons.
Case no. 2012-06682.